User Agreement

Last Updated Date: October 10, 2021

ACCEPTANCE OF USER AGREEMENT

This User Agreement (the "Agreement") states the terms and conditions under which you, the user, may access, browse, and use this website (the "Site"). Please read the Agreement carefully. The Site contains various information relating to eFile360 (“We” or “Us”) in the form of text, graphics, images, news, data, reports, and other materials ("Content"). By accessing, browsing and/or using the Site you acknowledge that you have read, understood, and agree to be legally bound by the Agreement. If you do not accept the Agreement (and therefore do not agree to be bound by the Agreement), do not use the Site. We reserve the right to amend the Agreement at any time by posting the amended terms on the Site and changing the “last updated” date.

USE OF SITE AND CONTENT

You acknowledge that copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights of Us and other parties protect the Content. For Content We own, you acknowledge that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You shall not claim ownership over any Content by reason of your use of or any right to use the Site or create or change the status of any lien or other security interest or legal rights. You may not modify, redistribute, sell, or modify any Content, in whole or in part without permission from Us. You may view, print, store, archive, and use the Content on the Site (without alteration, website framing, or redaction) solely for your personal, noncommercial use or for the benefit of Us. We reserve all other uses of the Site.

You will use the Content and the Site for only lawful purposes. You are prohibited from using the Content or the Site to (i) harm or threaten to harm any person or organization; (ii) damage or threaten to damage any network, system, computer, or physical or intangible property; or (iii) perform or threaten to perform any malicious or unethical activity, give rise to liability, or otherwise violate any applicable local, state, national, or international law or regulation.

WE ARE NOT YOUR TAX ADVISOR

You understand and agree that We do not provide tax, legal or accounting advice. The Site and the Content have been prepared for informational purposes only and are not intended to provide, and should not be relied on for, tax, legal, or accounting advice. The Services, as hereinafter defined, do not constitute tax, legal, or accounting advice. You should consult your own tax, legal and accounting advisors for any tax, legal, or accounting advice. You remain solely responsible for compliance with all relevant laws, including tax laws.

PRIVACY

By using this Site, you also agree to and are bound by Our Privacy Policy, which is incorporated hereto by reference.

Our Privacy Policy addresses retention of personal information provided in connection with information return processing and filing. A Registered User, as hereinafter defined, may request that certain data be purged after the required retention period and before such data is actually purged in Our normal course of business. For a $50.00 fee per entity, we can provide the requesting Registered User with a backup copy of the data before it is purged. We will only purge or release data upon receiving a written request from Registered User who provided the data in the form of email from Registered User’s email address on record.

THIRD-PARTY WEBSITES

The Site may provide links to third-party websites ("Third-Party Sites") for specific purposes. We do not endorse any content in a Third-Party Site. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY SITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD-PARTY SITES, AND WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING. Visit Third-Party Sites at your own risk and take precautions when downloading files from this and all Third-Party Sites to protect your computer from viruses and other destructive programs.

Your use of a Third-Party Site and the collection and use of your personal information at such site will be governed by the Third-Party Site’s terms of use and/or privacy policy, and not by this Agreement or Privacy Policy of this Site. You should direct any concerns regarding the Third-Party Site to the Third-Party Site’s administrator or webmaster.

REGISTERED USERS OF SERVICES

This agreement describes the terms and conditions applicable to your use of our information return

If your use of the Site includes use of Our information return processing and filing services, including e-filing, TIN checking, statement mailing, and electronic delivery of recipient statements (the “Services”) either for your own information return processing needs or as a service provider for other filing entities, upon your registration with Us for the Services, you will become a “Registered User.” A Registered User may be an individual at least 18 years of age or a legal entity. A Registered User may use the Services on behalf of multiple filing entities. For security purposes, eFile360 will only honor any request (for password or account information retrieval, unlocking account, reporting, data dump, technical support, edit, corrections etc.) made by a Registered User.

You understand that your access to, and use of, the Services is on an "as is" basis and at your own risk. It is your sole responsibility to determine that the Services meet your needs and are suitable for the purposes for which you use them.

Your Responsibilities as a Registered User.

As a Registered User, you agree to the following responsibilities as to the Services:

Providing accurate and correct information. You shall not provide false or fraudulent information to Us. You warrant that you will be authorized to use, access, and provide all information that you provide to Us. You shall review all information submitted to and processed by Us and use the Site to correct or delete any false or fraudulent information through the Site; if you are unable to make any necessary correction through the Site, you shall contact Us immediately for assistance. You bear all responsibility for the accuracy of the information contained on all returns and for any penalties assessed by the Internal Revenue Service, Social Security Administration, or other relevant government agency.

Timeliness. You shall provide Us with information for returns in a timely manner. You bear all responsibility for any late filing penalty imposed by any governmental agency.

Security. You shall use the Services only from a secure network. You shall take all reasonable efforts to protect your account password, including saving the password in a secure location; sharing the password only with authorized parties; locking your screen or logging off of the Site if leaving your computer or other device unattended; and changing the password if any individual in possession of the password is no longer authorized to use the Services (for example, if an employee of a Registered User departs or changes roles within the business).

 

Our Services are designed with the assumption that a Registered User will implement certain controls. As a Registered User, you agree that you will abide by the following for the duration of your time as a Registered User:

You will implement controls to ensure that you submit only complete and accurate information in connection with the Services.

You will implement controls to ensure compliance with this Agreement, the Privacy Policy, and any and all other agreements that you enter with Us.

You will implement controls to communicate with Us regarding failures, incidents, concerns, and other matters when complying with the terms of your agreements with Us.

You will inform Us of any regulatory issues that may affect the Services.

You accept responsibility for all risks related to the use of information technology (IT) and access to information when granting access to the Services.

You will notify Us in a timely manner when changes are made to your technical, billing, or administrative contact information.

You will implement controls to provide reasonable assurance that output reports are reviewed by appropriate individuals for completeness and accuracy.

You will implement controls and procedures for the printing of available reports.

You will adopt strong operating system and application password management procedures, including using passwords that cannot be easily compromised and require to change on a regular basis.

You will implement controls to ensure the confidentiality of your assigned user ID and password.

You will adopt procedures to define developing, maintaining, and testing your own business continuity plans (“BCP”).

You will implement controls to provide reasonable assurance of the transmission and receipt of information not provided by Us.

You will implement controls to immediately notify Us of any actual or suspected information security breaches, including compromised Registered User accounts.

Our Provision of the Services.

We agree to provide you, as a Registered User, with the Services that you purchase from Us. All Services shall be paid for in full at the time of purchase, at the price then in effect, unless otherwise agreed in writing with Us. All purchases are non-refundable. We reserve the right to change the Services offered or the prices for the Services at any time, at our sole discretion, without prior notice to you. Additional fees will apply for special reports or work that We agree to perform for you.

Technical Support.

We will provide technical support in connection with the Services only to the Registered User and not to any non-Registered User filing entity. You may submit technical questions or reporting system failures or data breaches to us by emailing us at support@eFile360.com or via chat or phone system. Our preferred support medium is through the emails. All emails sent to our support email and captured in our Customer Support Ticketing System and answered promptly. We strive to reply to all technical questions within one (1) business day and to resolve all issues within four (4) business days (assuming timely responses to Our replies).

Reporting System Failures.

System failure happens when the Site does not function as it should. Some examples of system failure are:

When you cannot log in to the portal or your account has been locked.

You are getting an error message that the page you are trying to access has some error or is not accessible.

You are trying to print a form but are unable to do so.

You are not able to complete checkout of your order.

 

We work very hard to give our Registered Users the best possible experience using our portal, but if you experience a system failure, please send an email to support@eFile360.com, and your issue will be attended to as soon as possible.

Reporting Data/Security Breaches.

A data breach or security breach is a security violation in which sensitive, protected, or confidential data is copied, transmitted, viewed, stolen, or used by an individual unauthorized to do so. Examples of data breaches include:

Hacking.

Credit or debit cards are skimmed (cloned) at a point-of-sale terminal.

An employee or contractor with legitimate access to data intentionally breaches information.

Sensitive documents are lost, discarded, or stolen.

Portable device (such as a laptop, phone, CD, or portable memory device) is lost, discarded, or stolen.

Stationary device (such as a computer or server) is lost, discarded or stolen.

Sensitive information is posted publicly on a website, mishandled, or sent to the wrong party.

 

We employ best practices to prevent loss of data or exposure of data to unauthorized persons. As a Registered User, if you suspect that your data has been breached, please contact us immediately via email at support@eFile360.com. Please include why you think data has been breached, the suspected source of the breach, and any other information that might help us figure out the root cause of the violation. Time is very critical in reporting any possible data breach, so please let us know as soon as possible.

Once we receive a data breach notification, we will immediately work to prevent any further data loss. We have an incident response policy in place that help us performs escalation and reporting activities.

DISCLAIMER OF WARRANTY

THE CONTENT PROVIDED ON THE SITE IS PROVIDED AS A SERVICE TO MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO INFORMATION PRESENTED ON THE SITE CONSTITUTES LEGAL OR FINANCIAL ADVICE, NOR DOES IT CREATE AN ATTORNEY-CLIENT, FIDUCIARY, OR COUNSELING RELATIONSHIP BETWEEN US AND YOU OR ANY OTHER PARTY. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF US, ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSEES (COLLECTIVELY THE "SITE PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT. THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT.

NONE OF THE SITE PARTIES WARRANTS THAT THE SITE OR THE SERVICES WILL BE CONTINUOUS OR UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE, ITS SERVER, OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS, OR THAT ANY FILES OR INFORMATION UPLOADED OR PROVIDED THROUGH THE SITE WILL REMAIN SECURE AND SAFE FROM ANY RISK. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE SERIVCES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

NONE OF THE SITE PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE SITE PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL ANY SITE PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED FROM THIRD PARTY SITES TO WHICH THIS SITE IS LINKED, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE SITE.

IN NO EVENT SHALL ANY SITE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT, THE SITE, THE SERVICES, OR THE AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS SITE PARTIES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE SERVICES IS TO STOP USING THE SITE OR THE SERVICES.

INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the Site and your use of the Services. You agree to indemnify, defend and hold harmless the Site Parties from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, indirect, incidental, consequential, and/or exemplary damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Services, or the Content, or any violation by you of this Agreement.

TERMINATION

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, the Services, or the Content, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site, the Services, or the Content at any time without prior notice or liability. We reserve the right to temporarily or indefinitely suspend a Registered User for any reason, including but not limited to fraud, payment issues, or any other action that would or could cause harm to Us.

USER MUST COMPLY WITH APPLICABLE LAWS

We make no claims concerning whether the Site or Content may be viewed, printed, archived, downloaded, or used outside of the United States or otherwise outside of our intended service area. You are solely responsible for ensuring compliance with all applicable laws, statutes, ordinances, and regulations of your specific jurisdiction regarding your use of our Site and your purchase of products or services through our Site. This includes, but is not limited to, United States export control laws regulating the export and re-export of technology originating in the United States.

MISCELLANEOUS

In the event that any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of the Agreement. If We fail to enforce strict performance of any provision of the Agreement, such failure will not constitute a waiver of our right to subsequently enforce such provision or any other provision of the Agreement. Neither the course of conduct between you and Us nor trade practice shall act to modify any provision of the Agreement.

The Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to principles of conflict of laws. Any claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Duluth, Georgia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either We or you may seek any interim or preliminary relief from a court of competent jurisdiction in Gwinnett County, Georgia, necessary to protect the rights or property of Us or you pending the completion of arbitration. Any cause of action you may have with respect to the Content, Site or the Agreement must be commenced within one (1) year after the claim or cause of action arose or is barred. Additional written terms and conditions posted on the Site or executed in writing with You, including but not limited to the Privacy Policy, govern use of the Site and Content and supersede any oral or other communication between the parties concerning the Site and Content.

If you have any questions or concerns about our User Agreement, please contact us via email at support at eFile360.com or by mail to eFile360, 6555 Sugarloaf Pkwy., Ste. 307-266, Duluth, GA 30097.